Des Plaines office plaza awarded nearly $1.2 million in flooding case

May 01, 2014|By Jonathan Bullington | Tribune reporter

A Cook County jury awarded the owners of a Des Plaines office complex nearly $1.2 million in a lawsuit against the city over damages sustained in a 2011 flood, attorneys for the owner recently announced.

The suit, filed in August of 2011 on behalf of O'Hare Lake Office Plaza owners, claimed the city failed to meet its financial obligation after a July 23, 2011, storm – and subsequent flood – that damaged the office park's five buildings, all located on Devon Avenue just west of the Tri-State Tollway at the southeastern tip of Des Plaines.

In mid-April, a jury awarded the office plaza about $1.2 million in damages, which Richard Hoffman, one of the attorneys representing plaza owners, said represents the lion's share of what was requested. The jury denied the office plaza's claim that pumps failed to meet original agreement specifications and needed to be replaced.

Des Plaines City Manager Michael Bartholomew said attorneys for the city's insurance pool had handled the case, and would brief city officials on whether an appeal would be in the city's "best interest."

The plaza's previous owners entered into an agreement with the city in 1990 that allowed the city to use Lake Peterson -- which is at the center of the five office buildings – for stormwater retention, according to court documents.

As part of that agreement, the city built a 78-inch stormsewer pipe from outside the property into Lake Peterson, and a 42-inch pipe to carry water back out of the lake and across the tollway and into the Des Plaines River.

The city also built a pumping station and generator to manage lake water levels, and agreed to pay for any flood damages due to the use of Lake Peterson, court documents show.

The lake breached its banks following nearly 7 inches of rain that hit the city on July 23, 2011, according to the original complaint. The flood caused damage to all five buildings, but only four were included in the lawsuit because the fifth had sustained previous flood damage, Hoffman said.

Up to 6 inches of water poured into the buildings, Hoffman said, causing damage to flooring, drywall and tenant belongings.

"The pumps did not work," said Hoffman, of the firm Cohen, Salk & Huvard, P.C. "A lot of water came in, and not nearly enough came out."

Hoffman said he sent a letter to the city on August 5, 2011, about two weeks before the lawsuit was filed, asking the city to acknowledge its responsibility for the damage.

"They never stepped forward to pay any of it," he said.

Following unsuccessful settlement discussions, the case went to trial, Hoffman said, where part of the argument centered on whether the office complex had properly maintained the pumping station.